Local broadcaster TV 47 was on Thursday, April 23, cautioned by the Communication Authority of Kenya, and the Kenya Film and Classification Board for airing inappropriate content.
The station was served with a notice of violation by CA after it aired viral hit song "Utawezana" by musicians Mejja and Femi one on April 11, 2020, at 10:06 a.m, stating that the song features sexually explicit lyrics.
"Pursuant to section 461 of the Kenya Information and Communications Act, all licenced broadcasters are obligated to among other things provide responsible and responsive programming that caters for the varied needs and susceptibilities of different sections of the Kenyan Community as well as observe Standards of good taste and decency," a statement by CA read in part.
Speaking to Kenyans.co.ke, KFCB Chief Executive Officer Ezekiel Mutua informed that his office had written to the CA in a bid to obtain more information before settling on the course of action, citing that CA was the body mandated to licence broadcasting.
"They have violated both the Information and Communications Act, and the Films and Stage Plays Act. So either we can enchain ourselves with CA or we can prosecute them separately
"We are cautioning the other media houses. No TV station should play that song. First, because it was created without our approval," Mutua stated.
In relation to violating the Films and Stage Plays Act, Mutua informed that no audiovisual content shall be created in Kenya without approval from the board. He stated no licence was applied for to the board nor was the song submitted for appropriation.
He reiterated that KFCB was the only body in the country mandated by law to rate content consumed by the public.
Mutua stated that his office had alerted the relevant authorities and was pursuing the issue.
"Since CA has cited that we had raised issues with the song, we wanted to get to know what they have done, whether TV 47 has responded," Mutua informed, further noting that a notice of 14 days was issued, after which if there was no response then, KFCB could move to court.
"No media house should play the song. Anyone found playing the song will become culpable.
"Now that CA has come in, they will be charged by both our law and that of the Communication Authority of Kenya," he added.